LEXINGTON INSURANCE COMPANY, as Subrogee of the City of Anaheim and the CITY OF ANAHEIM, Plaintiffs,
AIR NEW ZEALAND LIMITED, a Corporation, GENERAL ELECTRIC COMPANY, a Corporation and DOES 1-25, Inclusive Defendants, Defendants.
AMENDED STIPULATED PROTECTIVE ORDER [PROPOSED]
ROBERT N. BLOCK, Magistrate Judge.
WHEREAS, during discovery in this action, Plaintiffs and Defendants may be required to produce documents, answer interrogatories and provide testimony that might reveal confidential and proprietary information;
WHEREAS, the foregoing information may contain trade secret, confidential or proprietary information that should not be disclosed except in a restricted fashion; and
WHEREAS, some information of that type already has been requested in discovery.
IT IS HEREBY ORDERED that all trade secrets, confidential and proprietary records, documents, tangible items, materials and things which are produced by the parties hereto in the course of this action shall be produced and maintained by the parties in accordance with the following terms:
1. "Confidential Information" as used herein, means any documentary and/or tangible information of any type, kind or character which is designated as "Confidential Information" by either plaintiffs or defendants in this litigation. In designating information as "Confidential Information, " the parties shall make such designation only as to that information that they in good faith believe contains trade secret, confidential or proprietary information.
(a) Each party shall make its designation of information as "Confidential Information" by stamping, marking or otherwise identifying as "Confidential" or "Confidential/Proprietary" or by other such similar designation, those records, documents, tangible items, materials and things deemed to contain trade secret, confidential or proprietary information. Such designations shall make such records, documents, tangible items, materials and things and all copies, prints, summaries or other reproductions subject to this Order. In lieu of marking the original of a document, if the original is not produced, each party may mark the copies that are produced or exchanged. Originals shall be preserved for inspection by the parties.
(b) If in answering an interrogatory the answering party believes that an answer will contain "Confidential Information", the answering party shall set forth the answer in a separate document that is produced and designated as "Confidential Information" in the same manner as a produced document under the preceding subparagraph 1(a). The answers to interrogatories should make reference to the separately produced document containing the answer, but such document should not be attached to the interrogatories.
(c) If any "Confidential Information" is discussed as part of any deposition, the portions of the transcript relating to such testimony shall be designated as "Confidential Information." All parties in possession of a copy of a deposition transcript with designated "Confidential Information" shall appropriately mark it as containing "Confidential Information."
2. Material that is designated as Confidential Information shall be used solely for the purpose of this litigation and shall not be communicated in any manner, directly or indirectly, to anyone other than a person qualified under the terms of this order, nor shall materials designated as "Confidential Information" be sold, offered for sale, advertised or publicized.
3. Access to materials designated Confidential Information, and to the information contained therein (including extracts and summaries derived from them, except as otherwise provided herein) shall be restricted to:
(a) the attorneys in the law firms appearing in this action and personnel who are directly employed by those firms and are assisting the attorneys working on this action, and attorneys (including lawyers admitted to practice under New Zealand law) employed by the parties to this litigation;
(b) those officers, directors, and employees of the parties to this litigation whose assistance is required in the preparation of this litigation for trial and who must have ...